Title: Memorandum re: District Governing Board Meeting, July 7, 1982. Appointment of Hearing Officer and Initiation of Rule Making for Lake Levels on Selecte
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Title: Memorandum re: District Governing Board Meeting, July 7, 1982. Appointment of Hearing Officer and Initiation of Rule Making for Lake Levels on Selecte
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-. .. jl/5^ ".^" ,
Mo ii



June 8, 1982 "" ..


MEMORANDUM

TO: W. T. ALLEE, Assistant to the Executive Director

FROM: W. D. COURSER, Assistant Department Director, Resource Regulation Dept.

RE: District Governing Board Meeting, July 7, 1982


APPOINTMENT OF HEARING OFFICER AND INITIATION OF RULE MAKING FOR LAKE LEVELS
ON SELECTED LAKES IN POLK COUNTY

In order to hold public workshop meetings and a public hearing to
adopt lake levels in the Green Swamp Basin for Lakes Camp, Grassy
(Big Glades), Gum, Little Van, Myrtle, Swoope and Lake Van, a hear-
ing officer must be appointed by the Governing Board. The matter
has been discussed by staff with Mr. Updike.

Tentative dates for lake level hearings are as follows:

Public Workshop Meeting July 29, 1982
Public Hearing August 23, 1982

The meeting will be held at the Municipal Building, 115 W. Park
Street, Auburndale, Florida.

STAFF RECOMMENDATION:

Appoint Mr. Updike as the hearing officer in regard to the public.
hearing to establish lake levels on Lakes Camp, Grassy (Big Glades),
Gum, Little Van, Myrtle, Swoope and Lake Van.

PRESENTED BY: W. D. Courser 1552

WDC:PMD:kk



35


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,35






Page 21a





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p-Ma.au. paAOadd p.JPog a93 'uojDarqo lnoqM pup 'UOPuopjapiSUO 6uLMOtLOj


Following consideration and without objection, tho Board a.provd W*ivQr of l
Affidavit for Consumptive Use Permits No. 206792 and 201631, as recormmended b
the staff.
Group D Applications for -Reconsideration
None

Group E Permits Recommended for Revocation
None

Docket 7: Continuances Applications in Public Hearing Not Concluded

Group A Evaluation Completed, Pending Board Consideration
None

Group B Requiring Further Processing and/or Evaluation

Group C Continued Pending Test Completion or to a Date Certain
Group D Works of the District

Following consideration and without objection, the Board approved continuance of
Consumptive Use Permit Applications in Groups B, C and D, to the August 4, 1982,
public hearing, as recommended by the staff.

Chairman Samson resumed chairing the meeting at this time.

Appointment of Hearing Officer and Initiation of Rule Making
for Lake Levels in the Green Swamp Basin
Mr. Lambert moved, seconded by Mr. Stubbs,,to appoint-Mr. Updike Hearing Officer
to preside at a lake level workshop and public hearing to establish lake levels
in the Green Swamp Basin for Lakes Camp, Grassy (Big Glades), Gum, Little Van,
Myrtle, Swoope and Lake Van. The workshop and public hearing are scheduled for
July 29, 1982, and August 23, 1982, respectively, at the Municipal Building, 115
West Park Street, Auburndale, Florida.

MSS Application No. 100117 Estech General Chemical Corp.
At this time Mr. Curren presented the proposed order relating to scheduling a
public hearing on August 4, 1982, to consider the Petition for Formal Section
120.57(1) Proceeding by Manasota-88, Inc., and a hearing on Estech General
Chemical Corporation's MSS Application (No. 100117) at a later date. Following
review, Mr. Stubbs moved, seconded by Mr. Updike, to approve Order No. 82-16, as
recommended by the staff. Motion carried unanimously.

Mr. Ahern introduced the packet into the record as Exhibit No. 67.

Mr. Lambert moved to accept the regulatory packet into the record, and to
continue the public hearing to the August 4, 1982 meeting. Motion was seconded
by Mr. Kimbrough and carried unanimously.






? ; '' r* ': '''. '* ; a *" *' w ^ ^ ^ "r ^ ^ '
-''"**






l <)7-07-82





RULE AMENDMENT NO. 96

40D-8.624 Schedule of Levels for Lakes and Other Impoundments

Proposal to amend Rule 40D-8.624(1)(x) to read:

Ten (10)
Year Flood Minimum
Warning Level Flood Level
Location of In Feet In Feet Low Extreme Low
Impoundment Above Mean Above Mean- Mgmt.Level Mgmt. Level
By County Sea Level Sea Level In Feet In Feet
And Basin (msl) (msl) (msl) (msl)

(a) In Charlotte
County Within
The Peace River
Basin

(b) In Citrus
County Within
The Coastal
Rivers Basin

(c) In Citrus
County Within
The Withlacoo-
chee River Basin

(d) In DeSoto
County Within
The Peace River
Basin

(e) In Hardee
County Within
The Peace
River Basin

(f) In Hernando
County Within
The Coastal
Rivers Basin

(g) In Hernando
County Within
The Hillsborough
River Basin







Page 30J





07-07-82






(h) In Hernando
County Within
The Withlacoochee
River Basin

(i) In High-
lands County
Within The
Peace River
Basin

(j) In Hills-
borough County
Within The
Alafia River
Basin

(k) In Hills-
borough County
Within The
Hillsborough
River Basin.

(1) In Hills-
borough County
Within The
Northwest
Hillsborough
Basin

(m) In Lake
County Within
The Green
Swamp Basin

(n) In Levy
County Within
The Withlacoo-
chee River
Basin

(o) In Manatee
County Within
The Manasota
Basin

(p) In Marion
County Within
The Withlacoo-
chee River Basin

0


Page 30K






07-07-82






(q) In Pasco
County Within
The Coastal
Rivers Basin

(r) In Pasco
County Within
The Green
Swamp Basin

(s) In Pasco
County Within
The Hillsborough
River Basin

(t) In Pasco
County Within
The Pinellas-
Anclote River
Basin

(u) In Pasco County
Within The Withlacoo-
chee River Basin

"(v) In Pinellas
County Within
The Pinellas-
Anclote River
Basin

(w) In Polk
County Within
The Alafia
River Basin

(x) In Polk
County Within
The Green
Swamp Basin

LAKES

Agnes, Lake 135.20' 135.75' 132.75' 130.75'

Arietta, Lake 144.00' 144.00' 141.00' 138.00'

Camp, Lake 133.40' 134.50' 132.00' 130.00'

Clearwater 146.20' 143.50' 141.00' 139.00'
) Lake




Page 30L





07-07-82






Grassy Lake 133.20' 132.00' 129.50' 128.00'
(Big Glades)

Gum, Lake 132.60' 131.00' 128.50' 126.00'

Haines, Lake 129.70' 128.75' 126.50' 124.50'

Helene, Lake 144.80' 144.00' 141.00' 139.00'

Juliana, Lake 134.70' 132.50' 130.00' 127.50'

Little Lake 135.20' 136.00' 133.00' 131.00'
Agnes

Little Van 141.40' 139.00' 136.50' 135.50'
Lake

Mattie, Lake 134.70' 132.50' 130.00' 127.50'

Myrtle, Lake 141.70' 141.00' 138.50' 136.50'

Mud, Lake 139.60' 140.75' 137.75' 136.00'

Swoope, Lake 133.00' 132.50' 130.00' 128.00'

Tennessee, Lake 134.70' 134.00' 130.00' 128.00'

Van, Lake 133.00' 132.75' 130.00' 128.00'

Whistler, Lake 140.90' 137.50' 135.00' 133.75'

(y) In Polk
County Within
The Hillsborough
River Basin

(z) In Polk
County Within
The Peace
River Basin

(aa) In Sarasota
County Within
The Manasota
Basin

(bb) In Sumter
County Within
The Green Swamp
Basin




Page 30M













(cc) In Sumter
County Within
The Withlacoo-
chee River Basin

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S.

Laws Implemented 373.016, 373.042, 373.044, F.S.
















































Page 30N











September 13, 1982



MEMORANDUM

TO: Susan Ames, Supervisor, Processing and Records )(

FROM: W. D. Courser, Acting Director, Resource Regulation Departmentfr,()_

RE: Establishing Lake Levels Green Swamp Basin

At the July 7, 1982, Governing Board Meeting, the Board appointed Mr. Updike
Hearing Officer for the lake level workshop and public hearing to initiate
rule making for lake levels in the Green Swamp Basin for Lakes Camp, Grassy,
Gum, Little Van, Myrtle, Swoope and Lake Van. The meetings were held on
July 29 and August 23, 1982.

Following are the recommended levels:

Ten-Year Minimum Minimum Minimum Level
Flood Warning Flood Level (Low (Extreme Low
Lakes Level Level Management) Management)

Camp, Lake 133.40' 134.50' 132.00' 130.00'
Grassy, Lake 133.20' 132.00' 129.50' 128.00'
Gum Lake 132.60' 131.00' 128.50' 126.00'
Little Van Lake 141.40' 139.00' 136.50' 135.50'
Myrtle, Lake 141.70' 141.00' 138.50' 136.50'
Swoope, Lake 133.00' 132.50' 130.00' 128.00'
Van, Lake 133.00' 132.75' 130.00' 128.00'

WDC:PMD:kk






















Page 30B










6-25-82
R7-07-82
R8-27-82

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

IN THE MATTER OF:

ESTABLISHMENT OF MINIMUM WATER
LEVELS AND FLOOD WARNING LEVELS
ON DESIGNATED LAKES WITHIN THE
GREEN SWAMP BASIN OF THE SOUTH-
WEST FLORIDA WATER MANAGEMENT
DISTRICT



RECOMMENDED ORDER

Pursuant to proper notices, a Hearing was held before Archibald R.

Updike, Jr., Hearing Officer appointed by and a member of the Governing Board

of the Southwest Florida Water Management District, at the Municipal Building,

115 W. Park Street, Auburndale, Florida, on August 23, 1982. The proceedings

were convened to consider establishing minimum water levels and flood warning

levels pursuant to the provisions of Chapter 373, Florida Statutes, and the

implementation through the District's Rules promulgated in Chapter 40D-8,

(formerly Chapter 16J-8) Florida Administrative Code.

Public notice has been given pursuant to Chapter 120, Florida Statutes,

posted at conspicuous locations around the water bodies under consideration as

well as letters sent by certified mail to various federal, state and local

agencies and environmental organizations and associations, and to the persons

listed as owning property adjoining the lakes being considered, all of which

appears in the File of Record.

The District staff presented testimony and evidence which 'appear in

the File of Record as the basis for establishing minimum water levels and

flood warning levels along with the method and procedure followed in deter- Q

mining the minimum water levels and flood warning levels being recommended

on the seven lakes under consideration within the Basin.
Page 30C
Page 1 of 6









6-25-82
R7-07-82
R8-27-82


Upon consideration of all such testimony and evidence presented, the

following Findings of Fact, Conclusions of Law and Recommended Order are

submitted.

FINDINGS OF FACT

1. The District staff has recommended that minimum water levels

be established on seven (7) lakes within the Green Swamp Basin and that

flood warning levels be published for the lakes which are: Camp, Grassy,

Gum, Little Van Lake, Myrtle, Swoope and Lake Van.

2. Public notice has been given in the Florida Administrative

Weekly, local newspapers, and posted at conspicuous sites around the lakes

under consideration. Also, letters noticing the hearings were sent by

certified mail to federal, state and local agencies, associations and

societies and to the property owners around the lakes as listed on Tax

Records. These letters also solicited comments and suggestions on the

recommended minimum water levels and flood warning levels.

3. The recommended minimum water levels are designed to assist

in the prevention of significant harm to the water resources of the area.

4. The establishment of minimum water levels and flood warning

advisory levels for the lakes appearing on Exhibit "A," and the proper

repair, operation and maintenance of.the water drainage culverts, from

Lakes Camp, Gum and Van in conjunction with the drainageways around all of

these lakes by Polk County Board of County Commission will enable the

Southwest Florida Water Management District to more effectively regulate

and manage both the consumptive uses of the water resources as well as

protect the non-consumptive uses of water including the prevention of

damages from flood, soil erosion and excessive drainage.



Page 30D
Paoe 2 of 6






__ 6-25-82
R7-07-82
R8-27-82
R9-01-82
R9-10-82

5. The staff conducted an on-site inspection of the biological,

vegetative, cultural and structural features around the lakes under considera-

tion, and reviewed and evaluated any historical hydrographs and hydrologic

data available on the lakes. Based on these investigations, the staff

recommended minimum water levels consisting of a minimum flood level, mini-

mum (low management) level, minimum (extreme low management) levels, and a

ten-year flood warning level as appears on Exhibit "A," attached hereto. In

light of the testimony and evidence presented at the hearings, these levels

will enable the District to better manage and regulate the water resources of

the area.

6. At the hearing, various property owners or their representa-

tives presented evidence requesting that the recommended levels for lake

Swoope be the maximum level controlling any surface water discharges per-

mitted under any State and/or County health and water quality regulation.

After reviewing all of the testimony and evidence presented by the staff and

the property owners on the lake, the facts indicate that the staff's recom-

mended minimum water levels could not be the controlling element since it

appears the present discharger of surface water does not appear to have authority

by the County or Florida Department of Environmental Regulation to discharge

to Lake Swoope so as to cause flooding. Thus, the District does not have the

authority presently to regulate the quality or quantity of water being discharged

to the lake but the District should recommend to the County and Department of

Environmental Regulation that these recommended minimum levels and the ten-year

flood warning level be used should the County or Department of Environmental

Regulation permit discharges of surface water to Lake Swoope.

Also, the water culvert elevations from Lakes Camp, Gum and Van

were requested by various property owners because of the impact of the

Page 3 of 6 Page 30E







6-25-82
R7-07-82
R8-27-82
R9-01-82
R9-10-82
culverts on the outlet flow from the Lakes. The District staff has surveyed

the elevation of the culverts on these three lakes and recommends that the

ten-year flood warning level and the minimum flood level remain as recommended

in order to prevent flooding and protect the water resources in these lakes

and surrounding area from significant harm.

7. The recommended ten-year flood warning levels for the seven

(7) lakes will serve as an advisory level for public information purposes

and based on the facts and evidence presented, should not be changed for

any of the seven (7) lakes.

8. Need exists to adopt and implement minimum water levels on

the seven (7) lakes described above to protect the water resources of the

area. The ten-year flood warning levels will assist the general public

on flooding potential and should be placed on record in the public records

of Polk County in the form of a Resolution from the District.

CONCLUSIONS OF LAW

9. The Hearing Officer, as a member of and duly appointed by

the Governing Board of the Southwest Florida Water Management District

pursuant to Chapter 120, Florida Statutes, has jurisdiction to conduct

the Hearing and enter a Recommended Order that the District adopt minimum

water levels and advisory flood warning levels as shown on Exhibit "A,"

attached hereto.

10. Notice was given in accordance with Chapter 120, Florida

Statutes, as well as notices posted and sent by certified mail to federal,

state and local agencies having mutual concern over the lakes. In addition,

letters were sent by certified mail to Tax Record-listed property owners

on the lakes and to persons and parties requesting notice thereof and all



Page 4 of 6 Page 30F






p' * 6-2 -?2
R7-07-82
R8-27-82
R9-01-82
were given the opportunity to appear or present testimony at the hearing

concerning the minimum water levels and ten-year flood warning levels as

recommended by the District.

11. Chapters 373.042 and 373.044, Florida Statutes, authorize

the District to establish the level of surface water bodies at which

further withdrawals would be significantly harmful to the water resources

of the area, and to provide for the protection of non-consumptive uses of

said water in the area.

12. Establishment of the minimum water levels (flood level, low

management and extreme low management) and ten-year flood warning levels,

along with the proper repair, management and maintenance of water drainage

structures, and culverts from Lakes Camp, Gum and Van and general drainage-

ways by the Polk County Board of County Commissioners will allow the District

to both manage and regulate the ground water and surface water withdrawals

that will be significantly harmful to the water resources of the area and

prevent damage from floods, soil erosion and excessive drainage.

RECOMMENDED ORDER

After reviewing the entire record herein and based upon the

Findings of Fact and Conclusions of Law set forth above, it is hereby

recommended that the Southwest Florida Water Management District adopt

the minimum water levels (flood levels, low management and extreme low

management) as part of its rules under Chapter 40D-8, Florida Administrative

Code', on the seven (7) lakes at the levels listed and set forth on

Exhibit "A," attached hereto.

It is further recommended that the Southwest Florida Water Manage-

ment District pass and adopt a Resolution to be filed in the public records


Page 5 of 6

Page 30G






S6-25-82

"R7-07-82
R8-27-82
of Polk County and promulgate brochures advising the general public of

the ten-year flood warning levels for the lakes as shown on attached

Exhibit "A."

Dated this 20thday of September 1982, at Brooksville,
Florida.











ARCHIBALD R. UPDIKE, HEARING OFFICER
























)




Page 6 of 6
Page 30H











EXHIBIT "A"

Ten(10)
Year Flood Minimum
Warning Level Flood Level
Location of In Feet In Feet Low Extreme Low
Impoundment Above Mean Above Mean Mgmt.Level Mgmt. level
By County Sea Level Sea Level In Feet In Feet
And Basin (msl) (msl) (msl) (msl)

(x) In Polk
County Within
The Green
Swamp Basin

LAKES

Camp, Lake 133.40' 134.50' 132.00' 130.00'

Grassy Lake
(Big Glades) 133.20' 132.00' 129.50' 128.00'

Gum, Lake 132.60' 131.00' 128.50' 126.00'

Little Van
Lake 141.40' 139.00' 136.50' 135.50'

Myrtle, Lake 141.70' 141.00' 138.50' 136.50'

Swoope, Lake 133.00' 132.50' 130.00' 128.00'

Van, Lake 133.00' 132.75' 130.00' 128.00'

























Page 301






"*,Minutes of the Meeting October 6, 1982
Board of Governors Page Nine

Group D Applications for Reconsideration
Page C.U.P. Average Maximum Consumptive
No. Number Applicant ....... GPD GPD Use GPD

27 200440 USS Agri-Chemicals, Permitted 7,440,000 9,720,000 7,365,000
Division U. S. Steel Proposed 7,440,000 9,720,000 7,440,000
Corporation
Following consideration Mr. Lambert moved, seconded by Mr. Kimbrough, to reconsider
CUP Application No. 200440. Motion carried unanimously. Mr. Lambert then moved,
to add conditions 1(a) (flow meters) and 1(d) (pumpage reports, "monthly") to
Consumptive Use Permit No. 200440, as recommended by the staff. Motion was
seconded by Mr. Kimbrough and carried unanimously.

Group E Permits Recommended for Revocation
Page C.U.P. Average Maximum
No. Number ... Applicant GPD GPD

27 206477 William Robert Koehler 21,000 42,000

The Permittee requested revocation of Consumptive Use Permit No. 206477 as a 4"
well was drilled which does not require a permit. Following consideration and
without objection, the Board approved revocation of Consumptive Use Permit No.
206477 as recommended by the staff.

SDocket 7: Continuances Applications in Public Hearing Not Concluded
Group A Requiring Further Processing and/or Evaluations

Without objection, the Board approved continuance of Consumptive Use Permits in
Group A, with the addition of CUP No. 206735 for J. Roy Del because objection
received.

Group B Continued Pending Test Completion or to a Date Certain
Group C Works of the District

Following consideration and without objection, the Board approved continuance of
Consumptive Use Permits in Group B and Works of the District Permits in Group C,
as recommended by the staff.

Proposed Rule Amendment No. 101 to Appoint Hearing Officer and Initiate
Rule Making for Lake Levels on Lake Tarpon
Following consideration, Mr. Lambert moved, seconded by Mr. Crane, to approve
initiating Rule Amendment No. 101 and appointing Mr. Zagorac as Hearing Officer
to preside at a lake level workshop and public hearing to establish lake levels
on Lake Tarpon in the Pinellas-Anclote River Basin. The workshop and public
hearing are scheduled for November 4, 1982 and December 9, 1982, respectively,
at the Tarpon Springs Middle School, 500 N. Florida Avenue, Tarpon Springs.

Consideration of Adoption of Proposed Rule Amendment No. 96 Relating to
Rule 40D-8.624(1)(i), Establishing Lakes Camp, Grassy (Big Glude), Gum,
Little Van, Myrtle, Swoope, and Lake Van
Dr. Dooris stated that as a result of staff testimony and citizen input received
at the public workshop on July 29, and public hearing on August 23, 1982, chaired







Minutes of the Meeting October 6, 1982
Board of Governors Page Ten

by Mr. Updike as Hearing Officer, a recommended order has been prepared recommending *
the following levels in feet above mean sea level:

Ten-Year Minimum Minimum Minimum Level
Flood Warning Flood Level (Low (Extreme Low
Lakes Level Level Management) Management)

Camp, Lake 133.40' 134.50' 132.00' 130.00'
Grassy, Lake 133.20' 132.00' 129.50' 128.00'
Gum Lake 132.60' 131.00' 128.50' 126.00'
Little Van Lake 141.40' 139.00' 136.50' 135.50'
Myrtle, Lake 141.70' 141.00' 138.50' 136.50'
Swoope, Lake 133.00' 132.50' 130.00' 128.00'
Van, Lake 133.00' 132.75' 130.00' 128.00'

Dr. Dooris said the staff recommended adopting the Hearing Officer's recommended
Order setting levels on Lakes Camp, Grassy, Gum, Little Van, Myrtle, Swoope, and
Van in Polk County, and to adopt the levels from the recommended Order into
Chapter 40D-8.624(1), FAC, of the District Rules. Following consideration,
and an opportunity for all present to be heard, Mr. Kimbrough moved, seconded
by Mr. Lambert, to adopt final Order No. 82-24, setting forth the ten-year
flood warning level, minimum flood level, minimum level (low management) and
minimum level (extreme low management) on Lakes Camp, Grassy, Gum, Little Van,
Myrtle, Swoope and Van, as recommended by the staff. Motion carried unanimously.
Mr. Kimbrough then moved, seconded by Mr. Harkala, to adopt the levels as set
forth in Proposed Rule Amendment No. 96 as part of Chapter 40D-8.624(1), FAC,
of the Rules, as recommended by the staff. Motion carried unanimously.

Proposed Rule Amendment No. 97 to Rule 40D-3.041 to
Implement Public Supply Permitting Delegation
Proposed Rule Amendment No. 98 to Rule 40D-3.461
to Implement Water Well Inspections
Mr. Miller advised that pursuant to Board approval at its July 7, 1982, meeting
to accept DER delegation for public supply well construction, and authorization
on August 4, 1982, to initiate rule making proceedings, the staff proposes the FAC
following rule amendments: Proposed Rule Amendment No. 97 to Rule 40D-3.041
setting forth the procedures for the permitting, construction, repair and aban-
donment of public water system supply wells within the District; and Proposed
Rule Amendment No. 98 to Rule 40D-3.461, FAC, setting forth the procedures for
inspection during the construction, repair or abandonment of any water well in
the District. He stated that on September 17, 1982, the District staff received
a letter and Order from Secretary Tschinkel indicating November 1, 1982, as the
beginning date for public supply well delegation. Mr. Miller said the staff
reviewed the proposed order and found it to be appropriate. Also, he said, the
staff is developing internal operating procedures for handling public supply well
construction permitting which will be reviewed by the Regulatory Committee at its .
next meeting. Mr. Miller reported the proposed amendments were reviewed with
the Well Drillers Advisory Committee on July 28, 1982, and the Committee con-
curred with the staff recommendation for approval of the amendments. Following
discussion, Mr. Lambert moved to approve Proposed Rule Amendments No. 97 to
Rule 40D-3.041, FAC, and No. 98 to Rule 400-3.461, as recommended by the staff.
Motion was seconded by Mr. Kimbrough and carried unanimously.






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